· 10/14/1980
Sewall v. Spinney Creek Oyster Co., Inc.
Citations
- 421 A.2d 36
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the Maine Rules of Civil Procedure governing pleadings generally apply to petitions for review of government agency action brought pursuant to the APA
- stating that the Maine Rules of Civil Procedure governing pleadings generally apply to petitions for review of government agency action brought pursuant to the APA
- noting cases where courts have found that it was not clear from the record that there was a failure to swear a witness, and therefore the regularity of proceedings is presumed
- “[T]he swearing of witnesses may be relinquished through a genuine act of waiver, or may be forfeited by procedural default.”
- “Some authorities have questioned the value of the oath” while other “courts have gone so far as to deem the swearing of witnesses in particular contexts to be a constitutional requirement, as a component of constitutional due process of law.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wernick, McKusick, Wer-Nick, Glassman, Roberts
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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